JEFFERSON CITY, Mo. – When the U.S. Departments of Education and Justice under President Barack Obama released a statement that directed public schools to allow transgender students to use the bathroom of their preferred gender, Republicans around the country and within the state quickly denounced the decision.
In the last few days, more Missouri politicians, including a few gubernatorial candidates, have also announced their concerns with the policy.
When Attorney General and Democratic gubernatorial candidate Chris Koster spoke before the Columbia Chamber of Commerce Tuesday, he said he believed Obama had moved “too quickly and too unilaterally” to make a properly vetted decision on the issue. However, he also seemed to side with the courts and schools districts that were “recognizing the needs of transgender students with respect, dignity and fairness.”
For Eric Greitens, that answer was not good enough. He joined fellow Republican gubernatorial candidate Lt. Governor Peter Kinder in denouncing Obama’s ruling while also taking a few swipes at Koster.
“The idea that the federal government should dictate policies from Washington for every child and every family in every school bathroom in this country is an obscene overreach of federal power that must be stopped,” Greitens said in a statement. “Unlike Chris Koster, I believe the President’s action was wrong… As Governor, I will always fight against federal overreach and protect Missouri families.”
Koster also added that he was waiting on the results of a case, which will likely go to the Supreme Court, where a transgender student in Virginia sued his school district because it forbade him from using the boys’ restroom.
“A case in the 4th Circuit, G.G. v. Gloucester County School Board, is one step away from the US Supreme Court,” Koster explained in a statement. “At that time, Missouri will take the opportunity to express our view that school districts are capable of forming lawful policy on this issue at the local level once a common understanding of the requirements of Title IX is reached.”
Greitens disagreed with this assessment.
“I don’t believe we must wait on a court in Virginia to rule before deciding what is best for Missouri children,” Greitens said.
The Missouri Democratic Party was quick to strike back, pointing out that Greitens wanted to hold off judgment on his top donor Michael Goguen in March when Goguen was sued by a woman for keeping her on paid retainer as a sexual partner, then becoming increasingly abusive and violating the mutual contract.
“Clearly, Eric Greitens only wants the legal process to finish before casting judgment or making decisions when it involves his ‘investor’ who gave a million dollars to his campaign,” David Turner, a spokesman for the Missouri Democratic Party, said.
If schools should choose to reject the Obama administration’s decree, it could result in legal penalties. Schools that fail to comply with the ruling would violate the Title IX provision of the Education Amendments that prevents public schools from discriminating based on sex, gender, sexual preference and gender identity.
However, a law passed and signed in North Carolina that mandates a person use the bathroom of the gender specified on their birth certificate has sparked debate across the country about transgender rights. Civil liberties organizations have denounced the bill; some businesses, most notably Paypal, have decided to move operations from the state; and multiple performers have cancelled planned tour dates into North Carolina to protest the law.
Despite that opposition, some Missouri state legislators are looking to enact similar legislation or reject the Obama administration’s decree.
Rep. Mike Moon, R-Ash Grove, was one of the first to call for the Obama administration’s dictum to be overruled. He urged Missouri Commissioner of Education Margie Vandeven in a letter to reject Obama’s edict on the basis of the opinion of a Johns Hopkins doctor who says sex change is “biologically impossible” and that “transgenderism is a ‘mental disorder’.” Moon posits the Obama administration’s rule “requires the promotion and protection of a behavior inconsistent with natural law, and as such, should not be followed.”
“If we, as a society, are intent on instructing and training our children on the difference between right and wrong, we must stand against decrees from the federal government or any other entity forcing us to do otherwise,” he wrote.
Rep. Andrew Koenig, R-Manchester, wrote letters to both Koster and Gov. Jay Nixon also calling on them to reject Obama’s decree.
“Not only does the Obama Administration’s [sic] policy represent yet another example of unnecessary and unconstitutional federal overreach into local functions of government, it is a misguided policy that will threaten the health and well-being of students across Missouri,” he wrote.
Updated – 5:22 p.m. May 18, 2016: Further comments from Koster added.
